Ganesh v. State

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + GANESH ..... Petitioner Through:

Mr.Puneet Singhal, Advocate.

versus STATE ..... Respondent Through:

Mr.Ashish Aggarwal, ASC for the State with SI Sachin Tomar, PS Pandav Nagar.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 14.03.2016 1.

The present petition has been filed by the Petitioner from jail seeking parole for a period of three months on the ground to get his house repaired which is in dilapidated condition as well as for maintaining social ties with his family and society.

2.

Notice. Learned ASC for the State accepts notice. 3.

Learned counsel for the Petitioner submits that the Petitioner had made representation to the Respondent/State praying for grant of parole which has been rejected by the Respondent vide order No.F.18/493/2014/HG/828 dated 16.02.2016.

4.

Learned counsel for the petitioner submits that the petitioner is seeking parole mainly on the ground that the petitioner wants to repair his house which is in dilapidated condition. Learned counsel for the Petitioner

further submits that another ground for seeking parole is to maintain social ties and as per Parole/Furlough Guidelines 2010, one of the objectives of framing the said guidelines was 'to protect social ties'. Learned counsel for the petitioner prays for grant of parole to the petitioner. 5.

Status report has been filed by the State verifying the address of the petitioner. It is also mentioned in the status report that during inquiry it was revealed that the house of the petitioner is in dilapidated condition and needs repair.

6.

Learned ASC for the State submits that appropriate order may be passed keeping in view the Parole/Furlough Guidelines-2010 issued by the Government of National Capital Territory of Delhi. 7.

As per nominal roll, the overall jail conduct of the Petitioner as well as jail conduct in last one year is mentioned as 'Satisfactory'. 8.

Considering the facts and circumstance of the case, the prayer for grant of parole is allowed to the extent that the Petitioner is granted parole for a period of four weeks from the date of his release, on his furnishing personal bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent and subject to the following conditions:- (i) Since the petitioner is resident of Village Tulhedi, PS Meera Pur, Distt. Muzaffar Nagar, U.P., he shall keep the SHO/Duty Officer, P.S. Pandav Nagar, Delhi informed about his place of residence and his contact numbers i.e. mobile, landline or both during the period of parole. It would be open to the concerned SHO to verify the address and the contact numbers and to seek cancellation of parole in case it is found to be incorrect. (ii) The Petitioner shall report on every Monday at 11 AM to the Duty

Officer of the concerned Police Station/Police Post under the jurisdiction of which, the Petitioner shall stay during the period of parole in his native town.

(iii) During the period of parole, the Petitioner shall not try to contact the witnesses in any manner whatsoever.

(iv) While submitting the bail bond, he will furnish to the Jail Superintendent the place of residence and his contact numbers i.e. mobile, landline or both during the period of parole. 9.

It is, however, made clear that on expiry of the parole period, the Petitioner shall surrender before the concerned Jail Superintendent, who shall submit the surrender report to this Court. 10.

Writ Petition stands allowed in the above terms. 11.

The Petitioner be informed through the Jail Superintendent about the order passed.

Order dasti.

PRATIBHA RANI, J.

MARCH 14, 2016 'st'